Florida Regulations 68B-27.017: Apalachicola Bay Oyster Harvesting Restrictions
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In addition to all other provisions of this chapter, the following provisions shall apply to Apalachicola Bay:
(1)(a) Through December 31, 2025, no person may harvest for commercial purposes an oyster from Apalachicola Bay or possess an oyster in or on Apalachicola Bay.
(b) Beginning January 1, 2026, except as provided in paragraph (c), and when Apalachicola Bay is not closed for public health purposes, oysters may be harvested in the bay for commercial purposes any day of the week.
(c) If during the period beginning on November 16 each year and continuing through May 31 of the following year the Commission, through its regular monitoring of the abundance of oyster resources on Cat Point Bar and East Hole Bar in the Bay, through the Standard Resource Management Protocol (a scale based on scientific sampling that provides a predictive index of the number of oysters available for harvest), establishes that such resources cannot sustain a harvest of 300 bags of oysters per acre, the harvest of oysters for commercial purposes from the Bay on Saturday and Sunday of each week for the remainder of the period is prohibited. The Commission shall give notice of such weekend closure in the manner provided in Florida Statutes § 120.81(5) The weekend closure shall begin no sooner than one week following such notice.
(2)(a) Through December 31, 2025, no person may harvest for recreational purposes an oyster from Apalachicola Bay or possess an oyster in or on Apalachicola Bay.
(b) Beginning, January 1, 2026, harvesting oysters for recreational purposes as provided in Fl. Admin. Code R. 68B-27.014, shall be permitted on any day provided the Bay is not closed for public health reasons.
(3) Through December 31, 2025, the possession of tongs in or on Apalachicola Bay is prohibited.
(4) The prohibitions in this rule do not apply to the authorized harvest of oysters from submerged lands within Apalachicola Bay which have been leased for shellfish culture by the State of Florida.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 3-10-91, Amended 11-29-93, Formerly 46-27.017, Amended 6-1-99, 9-1-05, 5-18-06, 6-1-12, 1-26-21.
Terms Used In Florida Regulations 68B-27.017
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) Beginning January 1, 2026, except as provided in paragraph (c), and when Apalachicola Bay is not closed for public health purposes, oysters may be harvested in the bay for commercial purposes any day of the week.
(c) If during the period beginning on November 16 each year and continuing through May 31 of the following year the Commission, through its regular monitoring of the abundance of oyster resources on Cat Point Bar and East Hole Bar in the Bay, through the Standard Resource Management Protocol (a scale based on scientific sampling that provides a predictive index of the number of oysters available for harvest), establishes that such resources cannot sustain a harvest of 300 bags of oysters per acre, the harvest of oysters for commercial purposes from the Bay on Saturday and Sunday of each week for the remainder of the period is prohibited. The Commission shall give notice of such weekend closure in the manner provided in Florida Statutes § 120.81(5) The weekend closure shall begin no sooner than one week following such notice.
(2)(a) Through December 31, 2025, no person may harvest for recreational purposes an oyster from Apalachicola Bay or possess an oyster in or on Apalachicola Bay.
(b) Beginning, January 1, 2026, harvesting oysters for recreational purposes as provided in Fl. Admin. Code R. 68B-27.014, shall be permitted on any day provided the Bay is not closed for public health reasons.
(3) Through December 31, 2025, the possession of tongs in or on Apalachicola Bay is prohibited.
(4) The prohibitions in this rule do not apply to the authorized harvest of oysters from submerged lands within Apalachicola Bay which have been leased for shellfish culture by the State of Florida.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History-New 3-10-91, Amended 11-29-93, Formerly 46-27.017, Amended 6-1-99, 9-1-05, 5-18-06, 6-1-12, 1-26-21.